Revolutionary War Pension and Bounty Land Warrant Application File R. 3,624, John Foley, Va. In N.Y. State In 1832

SERVICE
Va.
Foley, John
NUMBER
R. 3624
In N.Y. State in 1837
CONTENTS

John Toley Sneidass. N.Y.
Private.
1777 - 3 d Virginia Regt. Col Andrew Wallis. 18 months.
1781. Capt Peter Evans, So militae 3 months.
late 1781. Col Morrison, Regt. Nine mos.
1782 Capt Atwood with French Baggage One Year
Total. 3 years. 6 mos.
W. P. Johnson Agent. Rome. N.Y.
Pens. & Payble at Utica N.Y.

Declaration in order to the provision of an act of Congress, passed in 1832, entitled "An act Supple- mentary to the act for the relief of certain surviving officers and soldiers of the Revolution".
State of New York Oneida County ss. On this 12 th day of June 1832 personally appeared before me John Foley of Rome in said County, aged 69 years and upward, who being first duly sworn, in order to obtain the provision of an act of Congress, passed in May 1832 - does declare and say - that he enlisted in the year 1779 for the term of eighteen months in Capt. Males Company - and two weeks, or about that time afterwards Capt. Adam Wallis took command of the Company, in the 3 d Virginia Regiment, commanded by Col. Charles Buford, who deserted to the British - The Regiment was then commanded by Br. Andrew Wallis - he enlisted in Prince William Co., Virginia - was taken prisoner at Charleston - and after he escaped from the British he was discharged at the expiration of the eighteen months, by Colonel Charles Stewart - Gen. Lincoln was at Charleston when he had command. That in the month of April 1781 - he was drafted in Capt. Peter Evans Co., Virginia Militia, Col. Charles Paton, and served three months at Petersburg and about there in Virginia. - That in the fall of the same year, September he believes, 1781 he enlisted for nine months , in Capt. Charles Attwood, Co. Col. Morrison's Regt. Continental establishment - and served the nine months in said Company and Regiment and was present at the surrender of Cornwallis - In the Spring after 1782 when nine months service expired - He enlisted again under Capt. Attwood for one year to go to Boston with the French baggage of their army and went from Williamsburg in Virginia to Alexandria, then to Crumhorn - then to New Bedford Co. then to Providence and then to Boston, - and

the horses belonging to the army was then sent into the Country for forage — The troops were under General Wadsworth, and Colonels Daniel M c Carty, and Col Daniel O'Call — and Major Levi Pease — and the horses were billeted out in different towns — Hancock, Berkshire Co at one time — Some at Stephentown Rens Co — and in the Spring of 1783 the horses were brought together at Sheffield Mass, by Major Levi Pease, when they were sold at auction and this deponent discharged having served his term of One year and a few days over.
That he has never been placed on the pension roll of any state or territory — and that he is not entitled to any benefit under the act passed 15 th May 1828 for the relief of Certain surviving Officers and Soldiers of the army of the Revolution.
And further this deponent says not.
"Some at New Lebanon" interlined — B.P.S.
his John S Foley. Mark.
State of New York Oneida County. On the day & year within named personally appeared before me John Foley above named, to me known as a man of truth and veracity, who after hearing the within affidavit or declaration read to him made his mark hereto in my presence, and made solemn oath to the facts therein set forth. J. P. Johnson Com d of Deeds

State of New York Oneida County. On this 12 th day of June 1832 before me personally appeared Daniel Greene of Rome. in said Co. Aged 76 years and upwards, who being duly sworn deposes and says, that he knows John Foley of Rome, and was acquainted with said John Foley in the Revolutionary War. That he knew the said John Foley when under the command of Major Levi Pease in the fall of 1782 and winter of 1783, and he remained in charge of the horses of the army at Douglas in Hancock and about there about six months, and was discharged at Sheffield Mass. when the horses were sold, as this deponent understood — The said Foley returned into the same neighborhood after he was discharged and lived for some time. A part of the United States horses were kept at the father's of this deponent's place, in New Lebanon , near Douglas in Mas. And this deponent further says, that he has heard the declaration of the said John Foley hereto annexed, read — and that he has been acquainted with the said Foley since the time above named, and has often during the last forty years, heard him relate his services, and his statement has uniformly agreed with this — and this deponent further believes that the said John Foley did have as stated in his said declaration —
Daniel Greene
State of New York Oneida County. On this 12 th day of June 1832

before me personally appeared Daniel Greene to me well known as a man of trust and veracity and made oath to the within affidavits.
R. P. Johnson Comr. of Court.
Personally appeared before me the subscribers a Justice of the Peace Daniel Greene above named to me known as a man of trust and integrity credibility made oath to the foregoing affidavit. May 20 1833.
no 1.
Martin Rowley Justice of the Peace
Clerk's office I George Brown clerk of said Oneida county to wit: I hereby certify that
Martin Rowley before whom the annexed affidavits certified by him (and marked in red ink (no 1. 2. 3. 4) were taken in a justice of the Peace in the said county - That I am well acquainted with his handwriting and all the signatures are in his proper handwriting.
In testimony whereof I have hereunto set my hand & affixed the seal of said county this 28 day of May 1833.
Geo Brown clerk J. B. Read By Clerk
Old Case

John Foley Bayside.
Benj. P. Johnson Rome, N.Y. Agent.

personally appeared before me. Silas Thomas one of the gutters of the peace in and for the County of Rensselaer & School Huntington being duly sworn, deposes and saith that he the said Huntington was well acquainted with John Foley about the close of the Revolutionary war and the said John Foley was then in the employ taking care of the horses that belonged to the war department and at time the said John Foley was taking care the horses aforesaid; it was at a cross tavern and this deponent being at the same place and further this deponent saith that the said John Foley informed this deponent that he belonged to the army in that war and this deponent further saith that he has been well acquainted with the said John Foley since and he this deponent further saith that he the said John Foley is a man of truth as far as he has heard and further this deponent saith that
Ezekiel Huntington
Sworn before me and Subscribed this fifth day of August in the year of our Lord one thousand eight hundred and twenty six Silas Thomas Justice of the Peace
State of New York Rensselaer County ss: I certify that Silas Thomas was on the first day of August 1826. one of the Justices of the peace in and for the County of Rensselaer
In Witness whereof I have hereunto set my name & affixed the seal of said County this Sixth day of Septem- ber 1826.
Archibald Bullock Clerk

In the matter of John Foley a Revolutionary Soldier

State of New York Oneida County ss
Oneida Common Pleas, Court of Record by Statute.
On this 13 th day of June 1826 personally appeared in open court, being a court of record by statute, for the said County of Oneida, John Foley aged Sixty Seven years, a resident in Rome in said County, who being first duly sworn, according to law, doth on his oath declare, in order to obtain the provisions of the acts of Congress of the 18 th March 1818, and the 1 st of May 1820, that he the said John Foley enlisted for the term of one year and six months, on or about the 10 th day of April 1779 or 1780, in the County of Prince William, State of Virginia, in the company commanded by Captain Wallis, afterwards Captain Wallis commanded the Company in the Regiment commanded by Col Charles (I believe) Buford who deserted at Charleston, and went to the British, as this deponent has been informed, that he continued to serve until the month of October in 1780 or 1781 he having received a furlough, and was discharged by Col Charles Newell in Prince William County Virginia, the above Regiment, on the Continental establishment, in the line of the State of Virginia - a year after the discharge in September I enlisted for the term of nine months in the Company commanded by Captain Charles Attwood, in the Regiment commanded by Col Morris , under the command of General Greene , in the line of the State of Virginia, on the Continental establishment; that he continued to serve in the said corps, until May after before Cornwallis was taken, when he was discharged by order of General Greene, at Williamsburg Virginia.
In July before Cornwallis was taken he enlisted for the term of one year, in the Company commanded by Captain Attwood, in the Regiment commanded by Col. M c Carty , Daniel Olcott Lt. Colonel, Levi Pease Major, and General Madsworth

Virginia on the continental establishment brigade, at Williamsburg, Virginia, line as he supposed and continued to serve for one year, when he was discharged at Sheffield, Massachusetts, by Levi Pratt Major of said Regiment, that he went with the baggage of the French army to Boston, in December, and then went into the country with the horses belonging to the army and remained until discharged as above stated, his discharges have been lost or mislaid, they being written or printed ones That he was in several different places with the horses, among others at Asa Douglass at Hancock , Mass , before he went to Sheffield and was discharged.
And in pursuance of the act of 1 st May 1820, I do solemnly swear, that I was a resident citizen of the United States on the 18 th day of March 1818, and that I have not since that time, by gift, sale or in any manner, disposed of my property, or any part thereof, with intent thereby to diminish it, as to bring myself within the provisions of an act of Congress, entitled "an act to provide for certain persons engaged, in the land and naval service of the United States in the Revolutionary war passed on the 18 th day of March 1818, and that I have not, nor has any person in trust for me, any property or securities, contracts or debts due to me, any property or securities nor have I any income, other than what is contained in the schedule hereto annexed and by me subscribed.
Inventory of property.
None except one cow worth } $15.00 and my wearing apparel }
A wife aged 57 years and one girl 15 years of age
And household furniture worth not more than
25.00
$40.00.
John his mark Foley.

Sworn to in open court this 13 th day of June 1826.
Henry R. Sloss First Judge of Oneida County.
State of New York
Oneida County ss On this 29 th day of March 1826 personally appeared before me Capt Daniel Greene of Rome, Oneida County, aged 70 years, and upwards, who being first duly sworn, says he is acquainted with John Foley in the annexed paper named, and knew him in the Revolutionary war, and recollects having seen him in Hancock , Mass, after the embarkation of the French troops at Boston, at Asa Douglass having charge of some horses continental horses, under the command of Maj; Levi Pease, and has no doubt the said John Foley served as stated in his declaration - After the said John Foley was discharged he returned to Hancock and resided there for about one year, in the employ of the above named Asa Douglass. This deponent further understood, that Asa Douglass went to Sheffield and purchased some of the continental horses, and hired Foley to come home with him and take care of them, among them were two fine breeding mares. When Foley was first at Douglass he was dressed as a soldier, and this deponent was well acquainted with Major Levi Pease as an officer in the Commisaries department as he understood, and he has no doubt of Foley's having been in the service of Forbes's having been in the service as stated. This deponent was at that time a neighbor of said

Douglas and recollects the circumstances well.
Daniel Greene,
State of New York Oneida County ss On this 29 th day of March 1826 personally appeared before me Capt Daniel Greene to me well known, as a man of good standing, and of perfect truth and veracity, and made solemn oath to the truth of the above affidavit.
B. V. Johnson A Commissioner To said affidavit.
Oneida Common Pleas.
June Term 1826. It is the opinion of the court, that the amount of the Petitioners property is forty dollars and no more. By order of the court.
H. R. Storrs First Judge.
I John H. Ostrom Clerk of the County of Oneida do hereby certify, that it appears to the satisfaction of the court, that the said John Doley did serve in the Revolutionary War, as stated in the preceding decl- aration, against the common enemy for the term of nine months, under an engagement on the continental establishment. I also certify that the foregoing oath & the schedule thereto annexed, are truly copied from the records of the said court, that the total amount in value of the property of exhibited in the aforesaid schedule is forty dollars.

In Testimony whereof, I have hereunto set my hand & affixed the Seal of the said court this 13 th day of June 1826,
J. H. Ostrom clerk of the Court of Common Pleas of the County of Onondaga in the State of New York

12816 John Foley
Onida co N.Y.
ej
examine Virginia Bill
B. P. Johnson Rome N.Y.

WAR DEPARTMENT,
Pension Office,
183
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: } ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of John Foley, Augusta co.
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     Enlisted 1779 1 6 Private Col. Geo. Bluford Col. Wm. Wallis 69 tradition: and   Drafted 1781 3 Col. R. Patton Private William Daniel Greene   Enlisted 1781 9 Col. Morrison co. Virginia proves Foley's service   Enlisted 1782 1+ Col. D. Marty in 1782 for 6 months,   and affirms he has   ever since sustained   a good character  
I am, respectfully,
+ French Service
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d), with and served in the (e) regiment of the line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed, the day and year aforesaid. A. B. [And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid. [And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 
 6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
(a) The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance. (b) The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
(c) The age of the claimant must invariably be mentioned. (d) The declarant must mention the period or periods of the war when he served. (e) Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____; For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the time, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
 (f) The law makes the relinquishment indispensable.  (g) The opinion of the Court is always required.  (h) The Clerk must give his certificate in every case.  (i) The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers. 
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
(j) In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
(k) The notes from (a) to (j) are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in Note (j) applies to continental troops only.
(l) This traditional evidence is indispensable in militia cases.
(m) If a witness cannot be found, the declarant must state the fact.
(n) The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
done 2020
Volunt th Rolls
App'ts Ind Penn Admiral Greene Genl Holcomb

Add. evi: Case of John Foley and Foley - decd
Mrs. Mary Foley
Rose
New York
to the Eng Bureau of Investigation Washington D.C. 20
Sept 1902

3624 no
P. O. _____
John Foley
Service: _____
REJECTED
Enlisted: _____, 18 .
Discharged: _____, 18 .
Application filed: _____, 18 .
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18 .

Rose. New York 1 st September 1852.
Sir,
I herewith enclose proof of kinship of John Foley - an applicant for a pension act 32, N.Y. claim suspended, -
I request a reexamination of his papers and beg leave to ask the attention of the Dept. to the following facts in particular, -
John Foley, claimed among other things one of 12 mos. as a Drummer under Genl. Rains  Madaworth , Brigade, - This is proved by Samuel Collins, and Isaiah Littlefield, also by an afft of Daniel Greene, and Joel Prase, each and all of who knew him (John Foley) in the army. -
Samuel Collins - was a Conductor of Military Stores and had an opportunity to know of Foley's service, see Collins papers act 32 N.Y. pens.
Daniel Green - pens act 32 N.Y. in his declaration states that he was in the Commissary Department, and he must have had an opportunity of knowing him. - but there appears to have been no objection to this term of 12 Months, - only that it was "rendered in transporting the baggage of the French Army, (and

therefore could not be allowed. — This objection undoubtedly will not now be urged by the Department. — as it cannot be sustained as a valid objection, — as Foley was bound by his enlistment to serve as directed by his superior Officers, and could not have forfeited any claims against the United States, or any rights, by fulfilling such engagements — and further he does not claim to have served any particular time with the French Army more than, "went with the baggage of the French Army to Boston". — Therefore I doubt not this tour of 12 months as one of Wadsworth's teams will be admitted. As to the 18 months in Capt Adams  Wallace Co Col Blueford's Va Regt. — I would ask, if his statements from beginning to end, are not consistent? is not his credibility fully established? and should not, — in the absence of the rolls, — of the Co for the time in which service is claimed. — his statement be believed, and his claim admitted — for 12 months service as Teamster (and as a private for 12 months)? —
I am respectfully Herr Col Genl J. G. Wade
J. E. Heath Esq Comm of Pensions

John Foley NY Nov 1832
Rev J. P. MacC Cong Pn

Washington, March 24. 1855-
Sir:
In the case of John Foley of St. G. I beg to ask a re-examination of the testimony, which has not been made since the 24 March, 1836. At that time the service of one year at the South under Major Pease was not denied, but it was asserted that term service was not provided for. As this rule has long been reserved, I ask that an allowance for one year shall be made on this account. The evidence of it is ample, having first been given in 1829, and repeated by the military after a long interval, without a shadow of discrepancy in this testimony. I ask also that the Virginia rolls may be examined as to the service claimed in the Continental troops. His statements, made at long intervals, are too consistent with each other and with the known facts of history, to allow the supposition that they are false.
Very respectfully &
A. A. C. Taylor

June 4 1844
Adr proof John Foley 7 June 1832
Hon J. S. Church Orni Park Washington D. C.

Hon J. L. Edwards Comm. Pnt. Washington D. C.

Hon Col J. L. Edwards
Overa May 29th, 44
Dear Sir
I beg leave to enclose some papers to proof in the case of John Foley, who applied under the law of 1832 - may I be allowed respectfully to ask you, to please do me the favor of giving me the true state of this case - it may be that records, not in your office in 1832 may now be there, which may establish his case, my object is to ascertain the true state of the case, or to the objections to a pension in the case -
Respectfully Yours M on O ld Serv t Arad S pr

20,089
John Foley, Jr. Onida Co. R.R. St. L.
Benj. P. Johnson Rome, N.Y. Revolutionary War Patriot office Washington D.C.
Rejected letter 16 Sept 1826. do 18 June 1832 to B P. Johnson Esq.

20.089
John Holley
Union Co. Pa.
Benjamin Johnson
Rev.
Rev.
Pat. office
Revolutionary
1826. do
18 June 1832 to 18
P. Johnson

Stearns Esq Return, an respectfully requested to be made to the Subscriber Yours & obh servt
Benj. D. Johnson
Home. N.Y. 11 th Sept 1826.

Ezekiel Huntington To John Foley

John at Foley Papers
Fern

State of New York Rensselaer County ss
I Ezekiel Huntington of Stephentown aforesaid hereby certify that I am 69 years old that I am well acquainted with John Foley & believe him to be years old that he knew said John Foley at the close of the Revolutionary War was stationed at Stephentown aforesaid (he was then a part of Harnack Mts.) & had the charge & care of a No. of Continental horses & believes he was discharged at that place
Ezekiel Huntington
Sworn & Subscribed this 18 th day of February 1884 before me
Nathan Howard Gustin of the Peace
I hereby certify that I am well acquainted with the above named Ezekiel Huntington & that full faith & credit is & ought to be given to his deposition
Nathan Howard Gustin of the Peace

Stephensontown N.Y. Sept 10.
by Inu W. Howard Pills
N. Howard to John Foley 1832 Penna
Mr. John Foley Rome N.Y.

N. Howard John Foley ~ To John Idey opt 1832 Verona
by June N. Howard P.M.
N.Y.
Rome
Mr. John Foley
Stephens town N.Y. Sept 10.

Stephenson Sept 10 th 1832
Sir
On the 8 th inst Mr. George Halcomb call on me & made the inlow deposition it is only hearsay testimony I have made a certificate at the bottom I think there is no doubt but that you may obtain the masonic traditional evidence in your vicinity, I have obtained Pensions for Twelve in this Town & have 3 more to attend too not more than 4 of them could produce positive testimony
Yours Respectfully
Mr. John Faly
Nathan Howard
P.S. as the inlow is no positive testimony I have neglected the Clerks certificate
N.H.
ms

Life of Court & proof of kinship case of John Haley who died 1 st July 1841
• Sarah Ann Clapham & Clarissa Keeler — only children

State of New York Onida County, ss I Othmil Williams surrogate in and for said county do hereby certify that at a Surrogates court held before me at Glenshaw in said county on the 17 th day of May 1852 Evidence satisfactory to said court was adduced to show that John Foley an ap- -plicant for United States pension died on the first day of July (1841) eighteen hundred and forty one in Onida County New York leaving Sarah Foley his widow him surviving and that the said Sarah Foley widow as aforesaid died on or about the 20 th day of September Eigh- -teen hundred and forty three (1843) and left the following named children her surviving which are the only children now living - namely Clarissa Keeler of Orleans County New York and Sarah Ann Claflain of Onida County New York And that each are of the age of twenty one years and upwards -
In Testimony whereof I have hereunto Set my hand and caused to be impressed the seal of said Court this 17 th day of May 1852
Edmund Stillman Inverness

Mr F. Hy den
aa 32
Purp N.Y.
What?

State of New York, ss Madison County, ss Levi Brunsby of said County being first duly sworn according to law, as here- inafter certified deposes and says, that he is interested in the prosecution and investigation of the claim for arrears of pension due on account of the Revolutionary services of John Foley, deceased, of M D Sworn to and subscribed before me { Levi Brunsby This 9 day of August 1854.
Know all men by these presents That I Levi Brunsby above named, do hereby constitute and appoint Jesse C. Wade of Rome, N.Y., Co. of N.Y. my true and lawful Attorney, for me and in my name, to prosecute and investigation of a claim for me, against the United States for arrears of pension due on account of the Revolutionary services of John Foley (deceased) above named. Witness my hand and seal { This 9 th day of August 1854. { Levi Brunsby In presence of, — Thomas J. Lovins — L. Moore
State of New York, ss Madison County, ss Personally appeared Levi Brunsby above named before me Thomas J. Lovins a Justice of the Peace in and for said County and acknowledged the foregoing power of Attorney To be his act and deed, on this 9 th day of August 1854.
In testimony whereof I have hereunto set my hand the day and year last above written.
— Thomas J. Lovins
Justice of the Peace in and for said County.

In the matter of John Foley. affidavits Samuel Collins + Jonah Littlefield
Hon W. K. Fuller THK Hon W. K. Fuller

State of New York Oneida County ss Samuel Collins of Verona Oneida Co and State of New York being duly sworn depose and say that he is a Revolutionary Pensioner of the United States, and that he knows John Foley who is here present, and recollects that the said John Foley was in the service of the United States, at the time of the Capture of Cornwallis, and that the said Foley was then in Capt Alwood's Co. 6th Maryland Regt 6th Virginia Inf - and that said Foley served as much as nine months. (further says not)
Sub Samuel Collins Mark
State of New York Oneida County ss Jonas Littlefield of Verona in said county being duly sworn depose and say, that he knows John Foley here present, and that during the Revolutionary War and when the French Army crossed the North River after the capture of Cornwallis at Kings Ferry , the said Littlefield then in the service of the United States, and among other teams with the Battery was a horse dark colored team, which this deponent is entirely satisfied was driven by the said John Foley nor has present who was then in the service of the United States - Jonas Littlefield
Oneida County ss Personally appeared before me this 2nd day of May 1838 Samuel Collins & Jonas Littlefield to me known as men of credibility with the facts made oath to the above affidavits John B. Munn Sup Court Co. N.Y.

Handwritten text in Arabic script, possibly in Maghrebi style.
3654

New York.
Revol=
John Foley
Suspended
See letter to
B. P. Johnson
4 Oct. '33.
let. to Hon. W. R. Fuller 24 May '36.
to Anna Lacy Oct 3. '44
W. G. Wade Jny 12 1833
Evans & Faut Nov 6 1832
H. H. C. Triplett March 27/55
Same Sept 13. 1855
Act 7. June 1832

John Foley dec d N.Y.
1832
Paris for London
Dodge

Ezekiel Huntington - Rensselaer Co. N.Y. Aug 1. 1826
About close of Rev y war was well acquainted with John Foley - then taking care of horses belonging to war department, at Asa Douglass' & department lived at same place.
& Foley informed deponent that he belonged to the army.
Has since been acquainted with Foley - thinks he is a man of truth.
Geo. Holcomb - Rensselaer Co. N.Y. Sept 8, 1832
Is well acquainted with John Foley. Has frequently heard him mention being in Rev y war. Also heard his uncle, Levi
Pease, who was an officer in U.S. Army, say that John Foley was a soldier under him - & believes so.
John Foley. Dotts May 1833.
Again declared. Adm d Wallis commanded, as Capt.
In Apr d '81 drafted in Capt Peter Evans company Col Chas Payton's Regt Va Mil a . served 8 mos.
Fall of '81, in Sept. - enlisted for 9 mos, in Capt Chas Atwood's company Col Morrison's Regt. - during this service present at Cornwallis' surrender - 9 mos.
Spring of '82. enlisted under Capt Atwood for 1 yr to go to Boston with the French baggage - served 1 yr.

Joel Pease - Oneida Co. N.Y. ae 69. May 20. 1888-
Is acquainted with Foley. Saw him in service in 1782, in July - then under command of Maj Levi Pease & on the way, with the French army, to Boston, from Va. Does not know how long he served, but knows he was a soldier.
Previous to this he saw Foley at the South - He was then a private soldier.
Daniel Greene. Oneida Co. ae 76 - May 20. 1886-
Was well acquainted with Maj Levi Pease in fall of 1782 & winter of '83. Saw him frequently at that time. Pease has been dead many years.
Frequently heard him say that John Foley served in the troops that came from Va. to guard the French baggage. Having enlisted for 1 yr, as deponent understood. And that Foley was with Pease, taking charge of the French army, the baggage & public horses, at least one year.
Deponent knew of Foley's actually serving 6 months.
John Foley - Sept 11. 1882.
Declared - no imports
Same June 12. 1882 - Discharged in spring of '83 after the sale of the Govt horses, having served 1 yr.
Danl. Greene - June 12. 1882 -
Nothing additional of importance.
Ezekiel Huntington - Feby - 84 - Knew Foley at close of war in charge of Govt horses at Stephentown - there discharged.
Saml. Collins. Knew Foley, soldier in service at surrender of Cornwallis. in Capt Atwood's Co. Col Morris's Regt. 6 Va. Regt. served as much as 9 months.

John Foley, decd. N. Y. 1832. suspended.
Declared June 23 13. 1826 - aged 67.
Va. Cont. Thos Wallace - St. L. Deform rec'd by Col Buford - Andrew Wallace Capt. Abram Buford Col
Enlisted for 18 mos, on or about Apr 10 th , 1779 or '80. in Pr ce William County Va., in the Comp y of Capt Wales, which Comp y Capt Wallis afterwards commanded; in (he thought) Col Chas s Buford's Regt. - who deserted afterwards to the British. - Served until Oct '80 or '81, - he having rec d a furlough - And was disch d by Col Chas s Newell in Pr ce William Co. Cont d Line of Va. State.
A year after this discharge - in Sept. enlisted for 9 mos in Comp y of Chas s Atwood, Col Morris' Regt under Lieut s Greene. in the Line of the State of Va on Cont d establishment and served until May before Cornwallis was taken, when disch d by order of Lieut s Greene at Wm s burg, Va. -
In July before Cornwallis was taken enlisted for 1 yr in Capt Atwood's Co. - in Col McCarty's Regt. Dan d O'Callaghan St Col - Levi Pease Major & Lieut s Wadsworth Brigade, at Wm s burg, Va on Cont d establishment, as supposed. and served 1 yr, when disch d at Sheffield, Mass by Lieut s Pease. Major -

Went with baggage of French army to Boston in Dec r  1778 (81) (82) & then went into the country with the horses, where he remained until disch d , as aforesaid.
Has lost his discharges
Family - wife aged 57 & 1 girl aged 15-
Capt Daniel Greene - Oneida Co. N.Y. Mar 29, 1826 - ac 70-
Knew John Foley - declarant - in Revy war & knows him now - Recollects having seen him, in Hancock, Mass. after the embarkation of the French troops at Boston, at Asa Douglass' having charge of some continental horses, under command of Maj Levi Pease. Has no doubt he served as stated in his declaration. [John Foley declared in June after this]
After Foley's discharge, he returned to Hancock, & resided there about 1 yr in said John Douglass' employ. Deponent understood that Asa Douglass went to Sheffield & got some Cont l horses, & hired Foley to come home & take care of them, &c. When first at Douglass' Foley was dressed as a soldier - Deponent was well acquainted with Maj Levi Pease as an off r of the Commissary's Dept. as deponent understood, and has no doubt Foley was in the service as stated. Deponent was then a neighbor of Douglass' & recollects the circumstances well.

Set 14 th Oct 83 - Foley's name not having been found on the rolls of Regt in which he said he served - parol proof by 2 witnesses required. On 24 May '36 - term of service with French baggage not allowable Nothing of importance since.
Declarant claimed to have served
18 mos from Sept 10. 1779
3 " from Sept '81 - drafted
9 " from fall of '81. ( on from July '81 )
12 " from Spring of '82. or from July '81. Statements do not agree.
Of this last service there is the positive testimony of one witness that he served as much as 6 mos in Mass. but it is not clear that a part of this service was not after Asa Douglass bought the Govt horses.
Capt Atwood's name is not on the rolls of the Cont l or State Line.
I have examined the rolls of the Va Cont l and State Lines, including the half pay book - and cannot find John. Foley's name. May not the Auditor of Va have evidence of his service?
Dr Dyer
Sept 13. 1855-

STATE OF NEW YORK, { ss. Oneida County, {
On this 11th day of September 1832 personally appeared in open court now sitting, John Foley in the court of Common Pleas, Oneida Co a resident of said county and state, aged sixty nine years, who being first duly sworn according to law, doth on his oath make the following declaration, in order to obtain the benefit of the act of Congress, passed June 7, 1832.
That he entered the service of the United States under the following named officers, and served as herein stated: That he was born in Dumfries, Prince William Co. Virginia in 1763. - There is a record of his age in town when he was born. Lived at Dumfries when he entered service. Since was lived at St. Johnstown N.Y. Winchester N.H. Guilford Vt. Leyden Mass. Senoy. Mt. Stephentown N.Y. Then and now Rome Oneida Co N.Y. That he enlisted and served as stated in the annexed affidavit by him sworn to before W.P. Johnson Comr - and he refers to annexed affidavit and also to his papers & proof on file at the War Dept in Washington - being all the age of he has - Gen Lincoln, Gen La Fayette, Gen Washington Gen Greene Comd Officers whom he recalled,
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll of the agency of any state.
Sworn to and subscribed the day and year aforesaid.
Joseph B Read Dep. Clk
John F Foley mark
We, Daniel Greene farmer and Isaac G Greene farmer residing in Rome Oneida County hereby certify that we are well acquainted with John Foley who has subscribed and sworn to the above declaration: that we believe him to be about sixty nine years of age: that he is reputed and believed in the neighborhood where he resides, to have been a Soldier of the Revolution, and that we concur in that opinion. That he
Sworn and subscribed the day and year aforesaid is a man of truth and veracity
Joseph B Read Dep. Clk
Daniel Greene
Isaac G. Greene
And the said court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier and served as he states: And the court further certifies, that it appears to them that Daniel Greene  who has signed the preceding certificate, is a resident in Rome Oneida Co and that Isaac G Greene who has also signed the same, is a resident in Rome Oneida Co and is a credible person, and that their statement is entitled to credit.
11th day of Sept 1832
I, George Brown Clerk of the Court of Common Pleas, Oneida Co do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of John Foley for a pension. In Testimony Whereof, I have hereunto set my hand and seal of office, this 11th day of Sept 1832
And I certify that the foregoing was a correct copy of the original proceedings of the said court the signature is in my hand writing
Geo. Brown Clerk Joseph B. Read Dep. Clk

George Holcomb of Stephentown in the County of Rensselaer & State of New York being duly sworn say he is well acquainted with John Foley formerly of Stephentown has frequently heard said John Foley mention of being in the Revolutionary war & also has heard his Uncle Levi Pease who was an Officer in the Army of the United States say that John Foley was a soldier under him & said Holcomb believes that said Foley did serve as a soldier in the above named Army & further saith not George Holcomb.
sworn & subscribed this 8 th day of Sept 1832 before me
Nathan Howard Justin Pease
I hereby certify that I am well acquainted with John Foley & George Holcomb that full faith & credit is & ought to be given to this testimony Stephentown Sept. 8. 1832
Nathan Howard Justin Pease

State of New York Rensselaer County ss.
I hereby certify that Deborah Howard Esqr. before whom the within Affidavit purports to have been sworn was on the day of the date of the same One of the Justices of the Peace in and for the County of Rensselaer. And that I am well acquainted with his hand writing and verily believe his signature within subscribed is genuine. In Testimony Whereof I have hereunto set my hand and affixed the Seal of said County this Twenty seventh day of May 1863.
Henry A. Bristol Clerk N. Howard J. Peace Deputy.

State of New York Oneida County On this 20 th day of May 1833 before me personally appeared, John Foley aged 70 years who being first duly sworn, does declare and say that he enlisted as a Soldier, in Prince William Co Virginia as stated in his armed off. for 18 months - in 1779 in Capt Water Co - Capt. Adam Wallis afterwards took the command of the Co - The Regt was under the command of Col. Charles Buford who deserted the British - and Andrew Wallis then had the command. The deponent served in that Company the full term of Eighteen months .
In April 1781 this deponent was mustered in Capt Peter Evans Company, Col Charles Paton Regt Virginia Militia and served the full term of 3 Months -
In the fall of the same year and in September this deponent believes he enlisted for 9 months in Capt Charles Stewart's Co Col Morrison's Regiment and this

deponent during this service was present at the Surrender of Lord Cornwallis. After deponent served at this time the full term of Nine Months for which he enlisted.
In Spring of 1782 This deponent enlisted under Capt Allwood for one year to go to Boston with the French baggage and marched as stated on his annual assault, and served for the full term of one year and a few days over. — From this term as this deponent was not discharged This deponent claims full pay for his services as above stated.
He refers to the annexed affidavits as all the proof he now has — and from his knowledge having been in Virginia a great distance to his home from these soldiers who served with him, he desires to have his case examined, and as much allowance as consistently with the regulations and law can be done. This
John + Folsom Mark

Personally appeared before me the above named John Foley known as a man of credibility and made oath to the foregoing affidavit. May 20 th 1833
Martin Rowley Justice Peace
No. 2

Quebec County ss. Said Pease of said County in the 69 th year of his age, being duly sworn depones and says that he is acquainted with John Foley named in the annexed paper, and knew him as a Soldier in the Revolutionary War — That this deponent saw the said Foley in the service as a Soldier in the year 1752 as this deponent believes, and in the month of July of that year. He was then under the command of Major Levi Pease and was on the way with the French army to Boston from Virginia — How long the said Foley served this deponent does not know — but he is certain that he was a Soldier in the service under the command of Major Levi Pease.
This deponent further says that previous to this he saw the said Foley at the South and he was then a private soldier in Capt Wallis company — but how long the said Foley served this deponent does not know —
Joel Pease
Personally appeared before me the

Above named Joel Pease to me known as a man of credibility, and made oath to the truth of the foregoing affidavit. This 20 th day of May 1833
Martin Rowley Justice Pease
No. 3/

Muscogee County, Daniel Greene of said County after 76 and upwards, being duly sworn. Says that he was well acquainted with Major Levi Peake in fall of 1852 & winter 1853 - and saw him frequently after that time - That said Major Peake has been dead for many years - That this deponent frequently has heard the said Levi Peake mention that John Foley named in the annexed petition, served in the Troops that came on from Virginia toward the French baggage - having enlisted for one year, as this deponent understood - and that the said John Foley was with the said Major Levi Peake , and served with him, in taking charge of the French army - their baggage, and the public horses, and that the whole time of that service, according the statements he rec d from said Major Peake to this time at least One Year - This deponent knows of his actually serving Six months as stated in this deponent's annexed affidavit. Daniel Greene
No. 4, Personally appeared before me the above named Daniel Greene known as a person of credibility, with the County of Muskogee to the above affidavit May 20 th 1853. Martin Bowles Just. Peace